AC January 2024 Agenda
Dear Councillors Bowell, Fowler, Halls, Rose and Shinkins-Hoppe.
Assistant Clerk Louise Brown.
You are hereby summonsed to attend the next meeting of the Allotments Committee on Tuesday 16th January 2024 at 8:00pm at The Institute.
AGENDA
25.24 To receive apologies for absence.
26.24 To receive declarations of interest, if any.
27.24 To adopt the minutes of the meeting held Tuesday 12th September 2023.
Please see appendix 1.
28.24 To receive reports from the Clerk.
Please see appendix 2
29.24 To receive and discuss the reports from the Allotments Association and make any recommendations to Council.
Please see appendix 3.
30.24 To agree the amendments of the Tenancy Agreement for the year 24/25.
Please see appendix 4.
Changes have been made to the Tenancy Agreement:
Amendments made in red are a mix of previously agreed changes in September 2023 and new suggestions by Cllr Bowell to be agreed. See clauses 2, 3, 4, 6.13, 6.15, 6.16, 6.17, 6.18, 7.4 and 8.2.
Tenants will be advised at renewal this year, that this will be the last year of receiving a complete Tenancy Agreement and that tenancies will turn into rolling yearly contracts. Amendments only will be sent out from Oct 25 via email; or paper copy if no email is provided.
31.24 To consider the plot rental fees for year 2025/26.
32.24 To consider amendments to the Tenancy Agreement to be made specifically for the rental of plot 32B.
33.24 To consider using Scribe Allotments as a tool to manage the allotments.
Please see appendices 5 & 6.
The Assistant Clerk attended a Scribe training package for allotments which would cost £669 per annum to use.
34.24 To agree date of next meeting.
Tuesday 14th May 2024.
Appendix 2
28.24 Clerk’s Report – Allotments January 2024.
The Assistant Clerk attended the Eastern Allotment Officers Forum on the 20th September 2023 where officers networked, explored solutions to common problems and shared good practice around allotments management.
Furthermore, the assistant clerk attended Scribe Allotments Training on 25 October 2023, learning about the Allotments package which aims to help management – to be discussed at agenda item 30.24.
Plot 32B
An email was sent to the allotments association who were asked if they wished to take on plot 32B for their events on 22 September 2023. After some correspondence and discussion at November Full Council re charging for the plot, the allotments association were unhappy, however have reluctantly agreed on 20th December 2023, to take this plot on once the maintenance men have finished removing the raised beds and pallets buried below.
Roadway 1
The Parish Council contacted the agreed contractor to make changes to Roadway 1. Roadway 1 was completed in November 2023, with extra requirements as a compensation event including Terram product and an extra 60t of Tarmac Planing which increased the cost of the project by approximately £1,776.00. The office have received an up-to-date invoice asking for £9,205.20 inclusive of VAT.
Flooding
A tenant advised us of flooding at the allotments due to heavy rain that fell in early January. One of the maintenance team has dug a couple of gullies in the border off roadway 1, to help drain off. Cllr Bowell advised that information is available online on how to recover an allotment plot from flooding, furthermore, information is also available on futureproofing your allotment from flooding.
Skip
A skip was provided at the allotments between the period 8th-11th December 2023.
Hedge cutting has taken place on the 8th November 2023
Appendix 3
29.24 Allotments Association Report January 2024
The period since the last report in September until now is usually a quiet time , however we still have a number of events to report.
1) A very successful soup and rolls (with sausage rolls) was provided free of charge by the committee to all plot holders. It was attended by over 50 plot holders and family members where home-made soup and rolls were served as well as a nature hunt organised for the children. The event was so well attended that a reserve of 12 tins of soup had to be used to meet demand.
Other activities involving the committee were
2) The water supply to all the dip tanks on the site was turned off and all excess water drained to protect the tanks from frost damage.
3) Arranging insurance cover for all plot holders
4) When on site, committee members monitored the use of the rubbish skip on the car park to ensure all rules were followed. we also used the time the skip was on site to clear some of the rubbish deposited in our hedge
5) We arrange and provide woodchip for plot holders
6) We arrange and sell Alpaca manure
7) We publish a monthly newsletter for all plot holders
8) We also have our own Facebook website to keep plot holders informed
9) We continue to open our club shop on Sunday mornings (The shop closed in October for winter but will re-open in March)
10) We would like to thank the Parish Council for their support in particular the funding and the organisation of the southern roadway improvement which should now prevent vehicles getting stuck. We are however monitoring the condition of the surface as the uncharacteristic rainfall of the last month may have weakened the base,
The funding of the skip which passed off with no problems, although the skip was nor completely full this could have been a result of the awful weather experienced that weekend.
11) The future of plot 32B was often in discussion during this period . The Allotment Association put forward a proposal that by improving and continue maintaining the area we could be charged a peppercorn rent to allow us to continue using the space.
When this was rejected we reluctantly agreed the use of this area, although used on a small number of occasions, was too beneficial to loose so we agreed
to pay the rent requested which I hope will now be finalised .Please see attached copy of the final email sent to confirm this decision
A copy of the email sent on 20th December confirming the agreement that the Allotment Association will take on the rental of plot 32B
Hi Louise,
The decision to charge the Allotment Committee £36 per year to rent plot 32B has caused a great deal of discussion by the committee members.
Reluctantly we have decided that as you intend to offer it for rental we have decided to accept that we will pay the rental so we don't lose the access to the area .
If the plot was going to be offered to a tenant it would have to be cleared of all the remaining raised bed soil which is in a really poor condition as well as the pallets that have been buried under the original beds . Will this be carried out by the Parish Council maintenance team before we take the tenancy?
We don't need answers until the new year so don't let this spoil your Christmas !!
On behalf of the Allotment Committee
Appendix 4
This Agreement made the 1st day of October 2024, between the Parish Council of Deeping St James (hereinafter called the Council) and:
Name
Address
Deeping St James
Peterborough
POSTCODE
Telephone Number: Tel
Email: email
(Hereinafter called the tenant) by which it is agreed that:
1. The Council shall let to the tenant, yearly, the Allotment Garden Numbered PLOT. in the Council’s Allotment Register (hereinafter called the plot) being part of the allotments held by the Council at Hall Meadow Road, Deeping St James, PE6 8SG.
2. Payments due from 1st September 2024, for year 1st October 2024 – 30 September 2025:
Rent: Full Plot £59 Half Plot £37
**Allotment Association membership £5 (paid once, inclusive of all plots held annually).
* Tenancy Admin Fee £30
** From September 2021 all Tenants/plot holders will be required to become a member of the Allotment Association to ensure that appropriate Public Liability insurance cover is in place.
The tenant shall pay the yearly rent by the last day of September each year, to renew the agreement from 1st October. In the event of non-payment, the agreement will be terminated.
All payments to be made to Deeping St James Parish Council.
The Council will give 12 months’ notice of any rent increase for the following year.
Notice of rent increase for year 1st October 2025 - 30 September 2026:
Full Plot £XX Half Plot £XX
3. The tenancy may be terminated by the Council by serving twelve month’s written notice to quit, or by the Council taking possession after one months’ notice:
a) If the rent is in arrears for more than 40 days.
b) If the tenant is not duly observing the conditions of the tenancy.
or by the tenant giving three months’ notice in writing at any time (unless by agreement).
If a new tenant finds the work on their allotment is not what they anticipated, the new tenant or Parish Council can activate an 8-week breakout clause from the Tenancy Agreement where the ramifications of taking on a new plot are reconsidered. Any fees paid are non-refundable.
4. The tenancy will end on the death of the tenant. A surviving family member may succeed the tenancy, with the consent of the Council providing they were living in the tenant’s household at the time of the tenant’s death, and on the signing of a new Tenancy Agreement. Query relatives that help with plots that do not live with tenants.
5. The tenant shall reside within the Parish of Deeping St James during the continuance of the tenancy (unless by agreement of the Parish Council).
6. The Tenant’s Obligations:
6.1 The tenant shall during the tenancy comply with the conditions set out below. Failure to adhere to these conditions could result in notice to quit from the Parish Council.
6.2 The plot shall be kept in good condition, reasonably free from weeds and at least 50% properly cultivated by growing only fruit, vegetables, and flowers for domestic consumption only by the tenant and their family.
6.3 Tenants are responsible for ensuring that the behaviour of their visitors or themselves will in no way cause or is capable of causing nuisance, distress or annoyance to other plot holders, contractors or representatives of the Council. Any violent or abusive behaviour or any illegal actions will result in an immediate termination of the Tenancy Agreement.
6.4 Dogs are only allowed onto the allotment area if kept under proper control at all times. Any fouling shall be removed by the tenant/dog owner prior to leaving the allotment site.
6.5 One small wooden or metal shed and/or two small greenhouses or one small greenhouse and one small polytunnel, (meeting dimensions 6ft w x 8ft d x 7ft h each), may be erected on the plot providing that all structures combined do not take up more than 50% of the plot. The tenant shall not erect any other building or permanent structure without first obtaining the written consent of the Council.
6.6 Fencing, up to 1 metre in height may be erected along the boundary of the plot and must be maintained to a reasonable condition. Barbed wire fencing is not permitted. Any pathway or roadway abutting thereon to be kept reasonably free from weeds.
6.7 The tenant shall permit the inspection of the plot at all reasonable times by any representative of the Council.
6.8 Bonfires are permitted two hours before dusk subject to the following conditions:
I. Bonfires must be contained within an appropriate metal container.
II. Fires must always be kept to a manageable size and attended until extinguished. Any fire managed in an unsafe manner or producing excessive smoke will result in an instant notice and may lead to tenancy termination
III. Only wood, bark and other plant matter produced at the plot may be burnt. The transfer and burning of any other waste is not allowed.
IV. Chemical fire accelerants are prohibited.
V. Have consideration for other plot holders; speak to your neighbours before having a bonfire and ensure any bonfire does not cause a nuisance to other plot holders.
6.9 The tenant shall allow the neighbouring plot holder who holds the same numbered plot but designated either a or b, access across his plot for the purpose of access to the Allotments water supply where necessary. The use of hose pipes or standing sprinklers from the mains water supply is not permitted.
6.10 Rubbish and waste shall not be deposited ANYWHERE on the Allotment site. Tenants are expected to take their waste home or to the local LCC tip.
6.11 The site speed limit of 5 mph must be adhered to by all drivers.
6.12 The plot cannot be shared with another person without the written consent of the Council. Subletting is not permitted.
6.13 All cars should be parked in the car park, except for loading and unloading or extenuating circumstances eg health restrictions, agreed with the Council. Plot holders that are wishing to create a parking space within their own plot should first gain the consent of the Council.
6.14 Trees. The planting of fruit and nut trees is permitted providing they are of a dwarf variety, not more than 2.5 metres (8ft) in height and do not encroach or throw shadows on a neighbouring plot.
Invasive trees such as elder and willow and non-fruit trees are prohibited.
6.15 Invasive Plant Species:
The growing of bamboo is prohibited.
Blackberries can be grown but must be kept under control.
Tenants should be vigilant to any invasive plants listed on the GOV.UK website and if any of these plants are found, follow GOV.UK advice. Tenants should also advise the Allotments Association of the invasive plant found and action taken.
Examples of these plants are:- Japanese Knotweed, Himalayan Balsam, Giant Hogweed, Common Ragwort. These plants can be introduced unintentionally by birds, people etc.
6.16 The growing of illegal drugs is forbidden and anyone found doing so will be given immediate notice to quit and the Police may be advised.
6.17 The use of poison for rat extermination on site is prohibited.
6.18 Tenants wishing to keep chickens on the plot, need to obtain permission and meet relevant criteria from the Parish Council before any action is taken.
7. The Parish Council’s Obligations:
7.1 The Council shall pay all rates, taxes, dues or other assessments which may at any time be levied or charged upon the Allotment site.
7.2 To maintain an accessible water supply to plot holders, maintenance of boundary hedges and trees to the site and security gates.
7.2 If the tenant shall have been in breach of any of the forgoing provisions of this Agreement for a period of one month or longer, the Council may re-enter upon the plot and the tenancy shall thereupon come to an end but without prejudice to any right of the Council to claim damages for any such breach or to recover any rent already due before the time of such re-entry but remaining unpaid.
7.3 On the termination of this tenancy the tenant shall be entitled to receive such compensation as is provided by the Allotment Acts 1908 to 1950 but if the tenant shall have been paid or promised any compensation by any incoming tenant of the plot the tenant shall before claiming any compensation from the Council give to it notice in writing of the matters in respect of which any such compensation has been paid or promised.
7.4 Any notice required by the Agreement to be given to the Council shall be delivered to or sent by post, email or telephone to the Clerk of the Council. Any notice to be given to the tenant shall be treated as sufficiently served if delivered to, left at or sent by ordinary post to the tenant’s address at the head of this Agreement.
7.5 DATA PROTECTION - Your details will be kept confidentially and held by the Parish Council for the duration of your tenancy.
8. Procedure for non-cultivation or non- compliance of tenancy conditions for the benefit of all plot holders:
8.1 All plots will be inspected in May and regularly throughout the year.
Tenants of plots not meeting the 50% cultivation definition, will receive a warning letter and will have 2 weeks to respond with their intentions and a further 2 weeks to bring the plot into 50% cultivation. If no response is received within the 2 weeks or the plot is not brought back into 50% cultivation and no extenuating circumstances have been reported to the Parish Council; a Notice to Quit will be issued.
8.2 A record will be held of all breaches of conditions for two years. Should more than one breach occur of any nature within the two-year period, the Parish Council will move directly to the next stage, with a 2nd warning letter, asking for an immediate resolution, which if not forthcoming, will result in a Notice to Quit being served. Should a third breach occur the process will move directly to a Notice to Quit being served.
8.3 Should a tenancy be terminated either by the Tenant or by the Parish Council following the service of a Notice to Quit, the Parish Council holds the right to invoice the Tenant any reasonable costs incurred by the Council to return a plot to a reasonable standard to enable it to be re-let. Failure to pay any costs may result in a case being pursued through the small claims court.
Any rents paid to the Council will not be refunded to the tenant should the tenancy be terminated by either party before the end of the annual rental period, for which it was paid.
9. Questions/Queries/Disputes
9.1 Any questions and queries are to be referred to Deeping St James Parish Council for attention as the landlord to your tenancy agreement and plot.
9.2 Any disputes between tenants, should try to be resolved amicably before referring to the Parish Council where Deeping St James Parish Council’s decision will be final.